Family Law

Promoting Love for Both Parents Helps Children

Posted on February 13 2014 by Todd Spivak and Rebecca Canterbury

According to family therapists, the worst thing is for children to feel torn. The message you need to give your children is that it is safe to love both parents, not that your child cannot love one parent because the other will be upset.

Children who are forced to take sides will feel torn, lost and angry. Children have to learn to evaluate each parent based on how he or she treats the child, not on what the parents think of each other.

To speak with an Allegheny County family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Calculating Support in Pennsylvania

Posted on February 9 2014 by Todd Spivak and Rebecca Canterbury

In Pennsylvania, support is based upon the net monthly incomes of the parties. To calculate a party’s net monthly income, the following items are deducted from his or her gross income:

Federal, state, and local taxes
FICA (Social Security and Medicare) or self-employment taxes
Non-voluntary retirement contributions
Union dues
Alimony paid to the other party

In calculating support, the trial court must consider income from all sources. To learn more about calculating support, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Telling Your Children About Your Divorce

Posted on January 30 2014 by Todd Spivak and Rebecca Canterbury

Divorce can be emotionally devastating for parents and children alike. Here are some tips from family counselors on telling your kids about your divorce:

Talk to the children together
Give your children time to react and time to be mad and sad, and to ask questions
Try to anticipate your children’s questions and reactions, and be prepared to respond
Encourage your children to talk about their feelings

The reasons behind your divorce are likely not relevant to your children and generally should not be shared, the experts say. What children need is: to feel loved; to realize the divorce is not their fault; a sense of security; routine and structure; and not to be put in the middle.

To speak with an experienced Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Finding the Right Family Law Attorney For You

Posted on January 25 2014 by Todd Spivak and Rebecca Canterbury

Family law attorneys handle divorce, child custody, and support issues. Choosing the right family law attorney is important given the emotional and financial hardships that frequently accompany these issues. Here are some things to consider when making your decision:

Does this lawyer seem confident, strong, and experienced?
What skills do I see in the lawyer? Is the lawyer smart, resourceful, comforting, strategic, a good listener, and so forth?
Is this person a skilled negotiator, trial lawyer, and communicator?
What kind of dispute resolution do I want to pursue, and does this lawyer have the appropriate experience and skills to handle the case in this fashion?
How will the parenting plan be developed and who will develop it?
If there are realistic issues involving personality disorders, substance abuse, or other such problems, does the lawyer have the experience and skill set to deal effectively with them?
Do I trust and respect this person? Can we have a good working partnership?
Can I be honest with this person? Do I feel comfortable sharing intimate details?
Is this person honest and candid with me?
Does the lawyer pay attention to me? Does he or she have time for me?
Can I afford this lawyer?

For a free consultation with an experienced Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Filing for Support in Pennsylvania

Posted on January 11 2014 by Todd Spivak and Rebecca Canterbury

To commence an action for spousal and/or child support, file a Complaint for Support in the Domestic Relations Section of the Court of Common Pleas in your county, where forms are provided. No fee is required to commence a support action in Allegheny County and many other Pennsylvania counties. The Domestic Relations Section then schedules the joint conference and/or hearing according to local rule. In Allegheny County, people who file for support receive a scheduling order with a hearing date usually set about four weeks away.

To speak with an experienced Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody in Allegheny County (Part 7 of 7)

Posted on January 6 2014 by Todd Spivak and Rebecca Canterbury

In Allegheny County, any person involved in a child custody dispute must enroll in Generations, an alternative dispute resolution program that includes an educational seminar and mediation session. To learn about the educational seminar, please click here. To learn about the mediation session, please click here. To learn about waiving the mediation session due to issues of domestic violence, please click here. To learn about the custody conciliation, please click here. To learn about psychological/home evaluations, please click here. To learn about partial custody hearings, please click here.

If you and the other party are unable to come to an agreement at the custody conciliation, you may be ordered to appear at a judicial conciliation.

A judicial conciliation is very similar to a custody conciliation, except that the parties attempt to work out a custody agreement with the assistance of the Judge assigned to their case. A judicial conciliation may occur after a custody conciliation or after psychological evaluations have been completed. If the parties are represented, attorneys may be present. Please bring with you: a schedule of the child’s activities and school schedule; your income information; and a proposed custody schedule.

If the parties are unable to work out an agreement at the time of the judicial conciliation, the Judge may schedule the matter for trial, schedule further proceedings, and/or schedule evaluations.

To speak with an experienced Pittsburgh child custody lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody in Allegheny County (Part 6 of 7)

Posted on December 31 2013 by Todd Spivak and Rebecca Canterbury

If you and the other party are unable to come to an agreement at the custody conciliation, you may be ordered to appear at a partial custody hearing. A party requests a partial custody hearing after an unsuccessful conciliation by filing a praecipe at the Child Custody Department.

Cases heard by the Partial Custody Hearing Officer involve matters dealing with partial custody/visitation only. In order to proceed to a partial custody hearing, you must prepare and file a pre-trial statement ten days in advance of the hearing date. The original must be filed with the Department of Court Records, a copy must be served on the other side and opposing counsel if represented, and a copy must be delivered to the Custody Department.

The pre-trial statement shall include the following: a narrative statement of the facts, which will be proven; the current custody schedule; the name of each person whom you intend to call at trial as witnesses, including experts, and a report from each of the listed expert witnesses; a list identifying all of the exhibits, which you plan to offer into evidence; a proposed partial custody schedule and proposed order.

At the time of the hearing, you may bring an attorney if you are represented. The parties may come to an agreement; if not, the Partial Custody Hearing Officer will issue a report, recommendation, and interim order to both parties. If neither party files exceptions within twenty days, the order will become final.

To speak with an experienced Allegheny County child custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody in Allegheny County (Part 5 of 7)

Posted on December 23 2013 by Todd Spivak and Rebecca Canterbury

If you and the other party are unable to come to an agreement at the custody conciliation, you may be ordered to submit income information for psychological/home evaluations. Allegheny Forensic Associates conducts psychological evaluations.

Once an order is issued for psychological evaluations, the assigned evaluator will contact the parties and schedule the appropriate appointments. Evaluators may administer certain psychological tests and conduct interviews and observations. When the evaluation is completed, the evaluator will issue a report to the parties and the assigned Judge.

The moving party may praecipe for a judicial conciliation before the assigned Judge with the docket clerk on the third floor of the Family Court Building once they have received the report, if they wish to go forward.

In custody matters, if requested by either party or if ordered by a child custody officer, hearing officer or judge, parties may be referred for a home evaluation. The officer or judge will determine and allocate the total fee. Requests to reallocate fees will only be addressed in motions court by the assigned judge.

To speak with an experienced Allegheny County family law, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody in Allegheny County (Part 4 of 7)

Posted on December 15 2013 by Todd Spivak and Rebecca Canterbury

At the custody conciliation, the parties and their attorneys meet with a child custody officer in an attempt to negotiate and resolve their custody case. There is no fee for the conciliation. You should bring with you: your child’s school schedule, your current income information (pay stub and/or W-2), your child’s extracurricular activity schedule, and a proposed custody schedule.

If you and the other party are able to come to an agreement, the custody conciliator will write up an order of court and you will leave with an order of court that day. This will dispose of the custody action filed and you will go no further into the court system.

If you and the other party are unable to come to an agreement: you may be ordered to submit income information for psychological/home evaluations; you may be ordered to appear at a partial custody hearing; or you may be ordered to appear at a judicial conciliation.

To speak with an experienced Allegheny County family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody in Allegheny County (Part 3 of 7)

Posted on December 8 2013 by Todd Spivak and Rebecca Canterbury

The custody mediation session may be waived if either party or any child has been the subject of domestic violence or child abuse within 24 months preceding the filing of a custody action. If you and/or your child has been such a victim and you desire not to attend mediation, you must complete both sides of a waiver form and return it to Generations. If you have received a Protection From Abuse order (PFA order), a copy of it should also be returned with this completed form. You are also responsible for mailing a copy of this form and any PFA order to the opposing party at the same time you mail it to the Generations at: Generations 440 Ross Street, 1st Floor Pittsburgh, PA 15219.

If a mediation session is waived, a custody conciliation shall be scheduled in its place in which attorneys may be present.

To speak with an experienced Pittsburgh child custody lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.